Search Results for "MOFA Act"

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Search Results for "MOFA Act"

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High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

Supreme Court

Supreme Court Quashes Deemed Conveyance Order in Maharashtra Ownership Flats Act Case Due to Lack of Jurisdiction Over Third-Party Rights. The competent authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 exceeded its jurisdiction by granting deemed conveyance of property not covered by flat purchase agreements, affecting appellant's rights allotted under a dissolution deed.

21 Apr 2025

The dispute arose from a partnership firm dissolution in 1987, where a larger plot was partitioned between Lalbhai H. Shah (predecessor of respondents...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

25 Nov 2024

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

High Court

Bombay High Court Dismisses Petition Challenging Deemed Conveyance Order Under MOFA — Competent Authority Can Consider Property Register Card and Area Certificate Beyond Agreement Schedule. Court holds that the Competent Authority under Section 11 of MOFA is not strictly confined to the area mentioned in the Section 4 agreement and can rely on property records and architect's certificate to determine the actual area to be conveyed.

27 Aug 2024

The petitioners, original owners of land comprising plot nos. 3, 4, 5, and 6 at Village Valnai, Marve Road, Malad (West), Mumbai, challenged the order...

High Court

Bombay High Court Dismisses Auction Purchaser's Challenge to Deemed Conveyance in Favor of Co-operative Housing Society. The Court held that the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 has jurisdiction to grant deemed conveyance despite pending civil suit challenging auction sale, as the society's right to conveyance is independent of the auction purchaser's title.

8 Apr 2024

The petitioner, Ravi Jagganath Agarwal, an auction purchaser of land and building from the Municipal Corporation for Greater Mumbai (MCGM) due to prop...

High Court

Bombay High Court Allows Writ Petition Challenging District Deputy Registrar's Order in Cooperative Society Dispute — Order Set Aside for Violation of Natural Justice. Registrar's Order Quashed as It Was Passed Without Hearing the Petitioner Society and Without Considering Its Objections Under the Maharashtra Cooperative Societies Act, 1960.

10 Jul 2023

The petitioner, Garodia Co-operative Housing Society Ltd., through its Honorary Secretary, filed a writ petition challenging an order dated 15th June,...

High Court

Bombay High Court Allows Petition of Complainant in MOFA Case — Sets Aside Sessions Judge's Order on Territorial Jurisdiction. The Court held that under Section 179 CrPC, the Magistrate at Mumbai had jurisdiction to try the offence under Section 13 MOFA read with Section 14, as the agreement was executed and consideration was paid in Mumbai.

3 Sep 2015

The petitioner, Dhirajlal P. Desai, was the original complainant who filed a complaint against respondent nos.2 to 6 alleging commission of an offence...

High Court

Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

17 Oct 2013

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

30 Nov -0001

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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